We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest case comes from Baltimore, Maryland. Maryland has been previously cited in abuses by police in this area as we discussed. In this case, the officer summed up too many such cases by telling the witness simply “you have not rights.” That simplifies things wonderfully for police and citizens alike.
The confrontation occurred in Towson after an altercation arose between Sergio Gutierrez, a college student, and an officer. As the Baltimore police arrested two people Gutierrez began videotaping. An irate officer then confronted him and Gutierrez asserted that he was within his rights. The officer responds “Get it out of my face.” The citizen responds that “I have my rights” to which the officer proclaims “You have no rights.” When the man continues to record, the officer barks at him: “Do you see the police presence here? Do you see us all? We’re not [expletive] around. Do you understand? Do not disrespect us and do not not listen to us. Now walk away and shut your [expletive] mouth or you’re going to jail, do you understand?” After returning a third time, the officer appears to grab Gutierrez who protests “I thought I had freedom of speech here.” The officer then announces “You don’t. You just lost it.” t
The citizen did not file a complaint, which is odd. The officer clearly acted abusively and then falsely stated that the citizen was committing a crime. He also threatened arrest for a protected act. This type of misconduct occurs not only because of a failure to train officers but a failure to discipline officers when they abuse citizens who are acting within their constitutional rights.
Source: CBS
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That officer’s actions appear to have violated policy: http://www.policeone.com/communications/articles/5052554-Baltimore-PD-releases-new-rules-for-videotaping-police/
There have been some recent cases in Maryland and I suspect unfortunately it will take a few more for these lessons to sink in. As for the videotaped officers, if I was a lawyer dealing with a police misconduct case involving these officers, I would imagine this video would be quite useful.
Cuddy, Get out of the blame Bush & not Obama. That will not work because it isn’t true. I ran an ‘Anyone But Bush!’ campaign in 2004. Apart from having my billboards destroyed & being jailed & charged with trespass, all courtesy of the San Bernardino Police & highly wrong & illegal on their part as I had all permits, rents & legalities in, I did catch up with the times today & realize that Obama is actually worse. Not only has he ratified Bush’s Patriot Act but he has passed so many presidential edicts to take away our freedoms, the NDA Act being potentially worse than the Patriot Act. Wake up! The left/fight approach is a succers game & a betrayal of all.
This officer will be reprimanded. “Do not tell people they have no rights. They are not entitled to know this. Get back to work.
Guy Fawkes, money and political influence mean “justice” in this country. Kerry Kennedy was just acquitted of drugged driving. Maybe it’s progress to see the Shanty Kennedy Klan women behaving badly, instead of just the men.
Guy.. I do not believe that it necessarily true. Given how many such lawsuits that have been won.. not to mention the rather large payouts.. I think plenty of lawyers would quite happily take on 1st amendment, and other civil suits on a contingency basis.
Only people with money have constitutional rights. The rest of you need to just forget about it. The police know civil rights attorneys are paid by the hour. They know most of you do not have money to retain the services of a civil rights attorney. The police know they will get away with denying constitutional rights a hundred times before they find someone who has the money to take the matter to court..
Here is the raw video. It seems to me these officers got way to amped up and lost control of their emotions. One claims the person recording is distracting him and therefore interfering with the arrest. I don’t buy that. I agree with the police chief’s statement and reprimand of those officers. When the man doing the filming asks what law he broke and the sgt comes over and manhandles him that was way out of line and should have been sanctioned by the department.
The power… of a lawsuit…. http://photographyisnotacrime.com/2014/02/28/settlement-forces-indianapolis-cops-to-abide-by-law/
Disturbing case. I wouldn’t be surprised if the camera operator did not sue out of fear. If the police department in this case allows this kind of obvious abuse, heads need to roll and victims need to sue the department and city/county in order to get change.
anonymously post,
thanks for the link to the Minnesota case. I had not seen anything about it.
You’re welcome, Dredd.
“After Police Shootings, Anaheim Launches Citizen Oversight Board”
“Back-to-back police shootings in the city in 2012, sparked unrest and calls for a citizen panel to oversee the department.”
http://www.nbclosangeles.com/news/local/After-Police-Shootings-Anaheim-Launches-Citizen-Oversight-Board-246083121.html
“Citizen Oversight Committees in Law Enforcement”
http://cpp.fullerton.edu/cpp_policeoversight_report.pdf
Film them when they arrive at the federal courthouse for opening day of the jury trial for damages on the civil rights lawsuit.
Correction:
Baltimore County police.
If it was at Towson University, it would be Baltimore County police. The county and the city are two separate entities with two separate police departments.
Alain, your insistence on Blaming Obama destroys us, yopu ebverything in the whole world. Why? Because it deflects blame from W Bush. W Bush destroyed the world. Anyone who does not blame Bush for everything wrong with the US is complicit
Will it ever be open season on abusive officers….
Power corrupts. The only way to break the police is to enforce the word “no.”